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Fatwa CenterDeduction from wage proportionate to breach of contract
Question
Is it permissible to deduct part of the maid’s salary (2,000 riyals) if she refuses to complete the two-year period of work that is stated in the contract which was concluded at the maid suppliers’ office? I paid 5,000 riyals in return for two years of work and she worked for one year only. Should I take half of her salary?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
According to most scholars, Ijarah (hiring) is a binding contract for both involved parties. It is impermissible for a party to rescind the contract without the consent of the other party. The evidence that it is a binding contract is the verse in which Allaah Almighty says (what means): {O you who have believed, fulfill [all] contracts.} [Quran 5:1] The word 'contracts' in this verse includes all sorts of permissible contracts in the Sharee'ah. In principle, any command in the Quran indicates obligation. So, this means the command to fulfill all contracts except the unlawful ones.
Taking this into consideration and that you agreed with your maid that the contract is binding for two years, it is impermissible for either of you to revoke the contract without the consent of the other. I emphasize that if you had agreed on that, then, it is permissible to deduct an amount of money that is equal to the remaining period of the contract in order to ward off harm resulting from the breach of one of the involved parties of the contract. There is a Sharee'ah rule that states that harm is to be removed.
Allaah Knows best.
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